stucklabor
03-20 07:31 AM
stucklabor,
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
PD, please read my post above which you quoted more carefully. "Special handling" cases do go through labor cert, only they get faster better treatment. I am not sure of the rule of University Profs, refer to the post chain that I and Appu did earlier on this thread. I think Univ Profs don't do recruitment twice as is the case for the normal junta. They can use the recruitment results from when they first interviewed. But if they are not going the outstanding researcher route, they do have to undergo labor cert.
I hope you are right and I am wrong. So, "special handling"
cases do not go through labor certification at all. Do professors have to go through "special handling" labor certification?
If you are right then it means that an advanced degree holder in STEM from a US school with 3 years of prior US experience will be able to apply for I-140 and I-485 right away.
Thanks for clarifying.
PD, please read my post above which you quoted more carefully. "Special handling" cases do go through labor cert, only they get faster better treatment. I am not sure of the rule of University Profs, refer to the post chain that I and Appu did earlier on this thread. I think Univ Profs don't do recruitment twice as is the case for the normal junta. They can use the recruitment results from when they first interviewed. But if they are not going the outstanding researcher route, they do have to undergo labor cert.
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gc_buddy
01-02 01:09 AM
As far as my knowledge goes, the I 140 substitutions are no more accepted by USCIS. I may be wrong. Other members can comment..
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
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Prijay
09-20 10:50 AM
In fact I had the same thought! I did talk to a number of fellow participants on Sep 18th rally. Everybody seemed to welcome the idea!
Come on guys, think over it...
Which of the following news will attract the attention of the congress more?
About 1000 Legal immigrants rally in Washington DC!
Or
Thousands and thousands of legal immigrants rally all over the country!
It is very obvious that the total number of participants (put together) will be much higher in local rallies. For instance, I was the only one in the Sep 18th rally from my family. If it was local, all the four of my family would have been there! I am sure that this is the case with most of us!!
Sep 18th was a golden day in our strong movement! We learnt a lot from the dedicated organizers. Many of the participants (including myself) have gained practical experience about what is involved in organizing a rally. Let us build up on this experience to organize multiple but simultaneous rallies in different parts of the country (in almost all the state capitals and big cities).
I have a lot to share.... but can't do it more during my office time.
Shall come back to you during the week end.
Meanwhile, I would love to hear from others about this concept!!
Come on guys, think over it...
Which of the following news will attract the attention of the congress more?
About 1000 Legal immigrants rally in Washington DC!
Or
Thousands and thousands of legal immigrants rally all over the country!
It is very obvious that the total number of participants (put together) will be much higher in local rallies. For instance, I was the only one in the Sep 18th rally from my family. If it was local, all the four of my family would have been there! I am sure that this is the case with most of us!!
Sep 18th was a golden day in our strong movement! We learnt a lot from the dedicated organizers. Many of the participants (including myself) have gained practical experience about what is involved in organizing a rally. Let us build up on this experience to organize multiple but simultaneous rallies in different parts of the country (in almost all the state capitals and big cities).
I have a lot to share.... but can't do it more during my office time.
Shall come back to you during the week end.
Meanwhile, I would love to hear from others about this concept!!
blank map of europe 1919. lank map of europe 1919.
jchan
02-15 02:44 PM
You have a great plan, come to US on H1 and within 6 months get EAD and you are free from H1b crackdown by jumping to EAD. You think USCIS, Grasley, sanders, and anti eb folks are a bunch of idiots, they will send you and me packing with the same rfe they are hitting h1 folks with if everybody gets to pre file AOS and get EAD. that is why you need to strengthen ac21 by removing same\semilar job condition and other potential h1 like rfe's, otherwise you will drag us down along with you and turn ead into h1.
Anyway I have made my point in this post and all my previous posts. ASK anybody who has been waiting for last 5 to 10 years without GC If what I said is wrong or laughable. I am not one of those bitter folks who says its my way or the highway. Good luck to you guys.
Now it's clear. You don't want people to drag you down, even when they have had gone through everything, Labor, I-140, been in the country for 10 years, etc. -- I thought you had a noble cause from the older posts, but apparently I was wrong.
This also started getting ridiculous. In my own post, and agreed by almost everyone else, I specially said to put on restrictions to those who can file AOS, e.g. with I-1140 approved, or with a PD older than a certain number of years. Where did you get the impression that every H1 can arrive this country and be on EAD in six months? Why did I found that the extreme generalization and scare tactic employed by you has an alarming resemblance to those from Lou Dobbs and Grassley?
And to answer your last question, even with a PD of 2007, I've been in the US for ten years, but could not file green card due to company bankruptcy, layoff, etc. and I am 90% certain you've been here shorter than I am. Then should give up your EAD till everyone who stays here longer than you does?
Anyway I have made my point in this post and all my previous posts. ASK anybody who has been waiting for last 5 to 10 years without GC If what I said is wrong or laughable. I am not one of those bitter folks who says its my way or the highway. Good luck to you guys.
Now it's clear. You don't want people to drag you down, even when they have had gone through everything, Labor, I-140, been in the country for 10 years, etc. -- I thought you had a noble cause from the older posts, but apparently I was wrong.
This also started getting ridiculous. In my own post, and agreed by almost everyone else, I specially said to put on restrictions to those who can file AOS, e.g. with I-1140 approved, or with a PD older than a certain number of years. Where did you get the impression that every H1 can arrive this country and be on EAD in six months? Why did I found that the extreme generalization and scare tactic employed by you has an alarming resemblance to those from Lou Dobbs and Grassley?
And to answer your last question, even with a PD of 2007, I've been in the US for ten years, but could not file green card due to company bankruptcy, layoff, etc. and I am 90% certain you've been here shorter than I am. Then should give up your EAD till everyone who stays here longer than you does?
more...
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Kodi
06-26 10:25 AM
Its 11am now and I believe they're supposed to start at 10am. Does anyone know what's going on?
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mallu
03-23 08:06 PM
..... However; lawmakers, etc. are not stupid people. ....
I agree , especially if it fits majority of them ( and the 'types' of them ).
One needs real diversity in US population. There are too many here from EU.
I agree , especially if it fits majority of them ( and the 'types' of them ).
One needs real diversity in US population. There are too many here from EU.
more...
blank map of europe 1919. Blank+map+of+europe+1919
grimreaper
05-29 06:04 PM
I have flown only once via AF from Detroit to Blore via paris. Eventhough at Paris I did not have any problem, the flight exp was horrible. The food portions were really small and they did not give any extras. I literally starved till I reached Blr. On my way back, I carried food from home for the flight. I have never traveled on AF since. I think we need to take a pledge not to travel on AF ever. Lufthansa is no better. The Frankfurt terminal for flights to Asian countries is despicable, but on the way back they have fancy lounges.
I am waiting for more flights from Jet and Kingfisher which would make travel more enjoyable.
Air India is variable service sometimes really good and sometimes really bad. But the food is always good.
I am waiting for more flights from Jet and Kingfisher which would make travel more enjoyable.
Air India is variable service sometimes really good and sometimes really bad. But the food is always good.
blank map of europe 1919. Blank+map+of+europe+1919
pune_guy
06-01 12:25 AM
Just contributed $50
Transaction ID: 4G021408NN255330W
Thanks,
Transaction ID: 4G021408NN255330W
Thanks,
more...
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anilsal
02-12 02:59 AM
Based on last week's BusinessWeek article, I have a feeling that we will see an effort to restrict initial H1B applications in some way. That would be a good opportunity to push for allowing naturalization applications for people who have been on work visas for a long time (say 8-10 yrs?). Fighting for citizenship would have a stronger emotional dimension and may connect better with the American public. A direct filing for citizenship will work around retrogression by providing an avenue for people to move out of the GC queue.
That would be nice. Citizenship for people who have been on visa and been in the country legally for a number of years. But I doubt it will happen anytime soon.
That would be nice. Citizenship for people who have been on visa and been in the country legally for a number of years. But I doubt it will happen anytime soon.
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sunny1000
09-22 11:32 PM
I guess the cat is out of the bag. Yes, I got my greencard a few weeks ago. Yes, my PD is early 2004.
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
First of all, congrats and hope you celebrated with Champagne! :):) I appreciate your dedication to this cause. I am sure others do too...
There are 2 current theories why:-
1. I'm very vocal in the media and lawmakers about the problem, and something made this happen (as my co-workers say "they gave it to you to shut you up")
2. I was a lucky one that was assigned a visa number in early June (when I applied for AOS) - it was approved when my PD was not current.
I'm not going anywhere, nothing has changed with the current policy. It is still broken. If for no other reason, the bizarre circumstances around my GC highlight more unpredictability and uncertainty in the whole process. I hadn't mentioned it before since it really isn't a big deal in the big picture.
First of all, congrats and hope you celebrated with Champagne! :):) I appreciate your dedication to this cause. I am sure others do too...
more...
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ash0210
02-12 06:28 PM
Stop amaturish and derogative remarks all the time to forum members. If you feel, I am contributing only after I-485 measures failed then its your mind-set problem..also, will you shut up and mind your business?
Thanks for sticking with IV!!!. Its a bit ironic that you decided to contribute to IV only after 485 measure failed, which you were opposing. I agree with your message of unity, but that should hold good at all times, irrespective of whether you agree and do not agree with IV. People holding off contributions, heckling IV, questioning IV rationale when they don�t agree with IV is outright selfish and should be avoided at all times.
Thanks for sticking with IV!!!. Its a bit ironic that you decided to contribute to IV only after 485 measure failed, which you were opposing. I agree with your message of unity, but that should hold good at all times, irrespective of whether you agree and do not agree with IV. People holding off contributions, heckling IV, questioning IV rationale when they don�t agree with IV is outright selfish and should be avoided at all times.
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humsuplou
08-11 02:41 AM
Just send
1. Complete apllication
2.2 Photographs
3. Copy of I-485 reciept
4. Copy Last advance Parole
5. Check.
Thats it.
MC
Under the Fees section, it stated that if you filed your I485 on or after July 2007, and you paid the I485 fees, then no fees is required. Does that mean that I don't have to pay for the $305 for my advanced parole?
My I485 was received sept 2007, and I paid for the I485 fees, offcourse. This is something that I'm not too sure.
1. Complete apllication
2.2 Photographs
3. Copy of I-485 reciept
4. Copy Last advance Parole
5. Check.
Thats it.
MC
Under the Fees section, it stated that if you filed your I485 on or after July 2007, and you paid the I485 fees, then no fees is required. Does that mean that I don't have to pay for the $305 for my advanced parole?
My I485 was received sept 2007, and I paid for the I485 fees, offcourse. This is something that I'm not too sure.
more...
blank map of europe 1919. Blank+map+of+europe+1919
H4_losing_hope
02-26 10:53 PM
I will be collecting some letters on Pioneer this weekend. Hopefully I can raise so.cal count from 34.
Good luck santb1975! :)
Good luck santb1975! :)
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yabadaba
06-19 06:39 PM
this bill needs to die...its amnesty on the back of legal immigrants.
more...
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kopra
03-25 12:45 AM
I think USCIS will make the dates current as long as they can see in which category people have filed most after last july( if both EB2 and EB3 has large number of filers they may make both current as last july), so that they can get the increased fee from a "substantial" amount of people filing, and give them EAD and make the cateroty to "U" after the filing:D
Mr. Gotcher posts this today.
Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.
************************************************
This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories �fall down� into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?
The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.
Mr. Gotcher posts this today.
Controversy over calculation of "fall across" visa numbers (http://immigration-information.com/forums/showthread.php?t=4610)
Long to short, Mr. Gotcher thinks the explanation of Apr. VB is an error.
I will just quote the last two paragraphs. If you are interested with this topic, you can follow the link to see detail.
************************************************
This is where the controversy arises. Do these provision require the Visa Office to let unused visa number from higher preference categories �fall down� into lower preference categories before being made available to single state quotas, or can they move unused numbers from a worldwide preference category over to single state quotas while there is still demand in the lower worldwide categories?
The Visa Office interpretation is that if there are unused numbers within a specific worldwide category, those numbers may be made available to single state quotas even if lower worldwide preference categories have visa cutoff dates because they are oversubscribed. I believe that this is an error.
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abhijitp
02-15 02:10 PM
Ah, just one more... takes me to 153... hopefully I will get some more this afternoon.
more...
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HopeSprings
09-26 12:46 AM
Hope Spring,
Can you back your post with any links?
I recently talked with my lawyer and also took consulting (paid $$$ for hourly consulting) with another lawyer as I am going thru the same route. Both the attorney mentioned there was no problem doing ac21 for H1 while AOS was pending for > 180 days and 140 approved .
GCCovet
GCCovet,
It seems, you are right. One can possibly use H1 after using AC21. The incorrect post has been pulled back. Sorry, for the confusion.
Can you back your post with any links?
I recently talked with my lawyer and also took consulting (paid $$$ for hourly consulting) with another lawyer as I am going thru the same route. Both the attorney mentioned there was no problem doing ac21 for H1 while AOS was pending for > 180 days and 140 approved .
GCCovet
GCCovet,
It seems, you are right. One can possibly use H1 after using AC21. The incorrect post has been pulled back. Sorry, for the confusion.
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naveenarjun
05-31 03:07 PM
http://www.senate.gov/pagelayout/reference/b_three_sections_with_teasers/glossary.htm
I don't think it bodes well for anything that is sent to the Table. This Senate Language Glossary has what "motion to table" means, essentially something that senate does not want to Consider. This Amendment(1249) is said to have been ordered "to lie on the table" not sure if it is same as the motion to table. But, I think we should hope for an amendment that does not have a table associated with its status.
where does it say that this amendment has been ordered to lie on the table..can u please post the link.. I am looking at the amendments page and there is nothing of that sort...
I don't think it bodes well for anything that is sent to the Table. This Senate Language Glossary has what "motion to table" means, essentially something that senate does not want to Consider. This Amendment(1249) is said to have been ordered "to lie on the table" not sure if it is same as the motion to table. But, I think we should hope for an amendment that does not have a table associated with its status.
where does it say that this amendment has been ordered to lie on the table..can u please post the link.. I am looking at the amendments page and there is nothing of that sort...
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karanp25
06-28 01:09 AM
Buddy...take it easy on yourself. I can feel your pain, waiting for almost 10 yrs now...still no sign that this wait will end anytime soon.
But rather than blaming the system and whining, i keep myself content with the fact that no one is forcing me to stay in this country- it's my own choice that i want to continue taking their bullsh*t.
be happy u got ur EAD - 50 days since i applied...still no sign.
I never imagined that the journey to GC would be such hard, and I have to give my whole life following these notices and EADs and what not. USCIS cannot approve my GC for years and years but now abrubptly they approved my EAD in less than 15 days, when I was expecting to get 2 years extension. My EAD app. was sent out on june 9th and my lawyer told me that they saw approval from yesterday 6/26 (wow 16 days including shipping!!!). USCIS always has hidden agenda, and everybody can tell that it is just money, which leads to such decisions. No body would forget last years july fiasco when they hushed up GC visa numbers for rendering people not to apply before fee hike. The present EAD issues everyone is reporting here is another fiasco. I wonder if there would be barrage of lawsuits for EAD fiasco as we saw last year for july fiasco. Now I understand why USCIS gave themselves time till 30th june, otherwise why wouldn't they make 2 year EADs effective right from the day of announcement in early week of june. Smart move!
Oh well this is what we have to face till we get that "Gone Card"! Day by day my patience is losing. Is it worth all this trouble?
But rather than blaming the system and whining, i keep myself content with the fact that no one is forcing me to stay in this country- it's my own choice that i want to continue taking their bullsh*t.
be happy u got ur EAD - 50 days since i applied...still no sign.
I never imagined that the journey to GC would be such hard, and I have to give my whole life following these notices and EADs and what not. USCIS cannot approve my GC for years and years but now abrubptly they approved my EAD in less than 15 days, when I was expecting to get 2 years extension. My EAD app. was sent out on june 9th and my lawyer told me that they saw approval from yesterday 6/26 (wow 16 days including shipping!!!). USCIS always has hidden agenda, and everybody can tell that it is just money, which leads to such decisions. No body would forget last years july fiasco when they hushed up GC visa numbers for rendering people not to apply before fee hike. The present EAD issues everyone is reporting here is another fiasco. I wonder if there would be barrage of lawsuits for EAD fiasco as we saw last year for july fiasco. Now I understand why USCIS gave themselves time till 30th june, otherwise why wouldn't they make 2 year EADs effective right from the day of announcement in early week of june. Smart move!
Oh well this is what we have to face till we get that "Gone Card"! Day by day my patience is losing. Is it worth all this trouble?
chanduv23
09-16 11:03 AM
Hi,
I am planning to come to the Rally with my wife and my kid. Please let e know if it is OK to bring my 2 year old to the rally.thanks!
YOU ARE A HERO AND YOUR KID IS THE LITTLE HERO - CONGRATULATIONS
YES YOU ARE OK - WE DID DISCUSS ABOUT KIDS AND IT IS OK - A SPECIAL CONGRATS TO YOU AND YOUR SWEET KID
I am planning to come to the Rally with my wife and my kid. Please let e know if it is OK to bring my 2 year old to the rally.thanks!
YOU ARE A HERO AND YOUR KID IS THE LITTLE HERO - CONGRATULATIONS
YES YOU ARE OK - WE DID DISCUSS ABOUT KIDS AND IT IS OK - A SPECIAL CONGRATS TO YOU AND YOUR SWEET KID
narendra_modi
05-17 02:44 PM
I see no money involved in the effort..many free loaders will be sending the emails..great job IV..I feel shame as a member that no month donation target ever reached..& this month only 125USD. I think donors will give their donation at DC only ..IV should have the capability of collecting donations on the counters at DC with some kid of receipt..Go IV Go...
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